Current through Register Vol. 41, No. 3, September 23, 2024
A. The owner of
the nutrient credit-generating project shall maintain all records relevant to
the management, operations, and maintenance of the nutrient credit-generating
project, including copies of all reports required by this chapter, the nutrient
credit certification or the implementation plan, operations and maintenance
plan, or financial assurance approved under this chapter. Records of all data
used to complete the application for certification of nutrient credits shall be
kept. All records shall be maintained for at least five years following the
final exchange of any credits. This period of retention shall be extended
automatically during the course of any unresolved litigation regarding the
regulated activity or regarding control standards applicable to the owner of
the nutrient credit-generating project, or as requested by the
department.
B. All applications,
reports, or information submitted to the department shall be signed and
certified as required by
9VAC25-900-130.
C. Reporting requirements.
1. The owner of the nutrient
credit-generating project shall give advance notice to the department as soon
as possible of any planned physical alterations or additions to the project
when the alteration or addition could change the amount of nutrient reductions
generated.
2. The owner of the
nutrient credit-generating project shall give advance notice to the department
of any planned changes in the project that may result in noncompliance with the
Act, this chapter, or the nutrient credit certification.
3. Reports of compliance or noncompliance
with or any progress reports on achieving conditions specified in the nutrient
credit certification shall be submitted no later than 14 days following each
schedule date.
4. Where the owner
of the nutrient credit-generating project becomes aware that incorrect
information has been submitted in an application for nutrient credit
certification or in any report to the department, the owner shall promptly
submit the corrected information.
5. Each owner shall submit an annual report
on the status of the nutrient credit-generating project operations including
credit-generating practices, confirmation of the continued implementation and
maintenance of practices required to establish baseline in accordance with
9VAC25-900-100,
statement of financial assurances, and an up-to-date credit ledger detailing
credits available for exchange, credits exchanged, and associated purchaser
information. This report shall contain recent photographs of any structural
BMPs implemented to achieve baseline or for nutrient credit generation. The
report shall cover the period from July 1 through June 30 of each year and be
submitted annually by August 15 unless an alternative reporting period and
submittal date are provided for in the nutrient credit certification.
6. In addition to the annual report detailed
in subdivision 5 of this subsection, nutrient credit-generating projects
utilizing wetland or stream restoration shall conduct post-construction
monitoring and submit monitoring reports, according to the monitoring plan
approved as part of the implementation plan pursuant to
9VAC25-900-120.
7. Exchange of credits shall be recorded on
the registry. The exchange of credits by the owner of the nutrient
credit-generating project shall be reported to the department within 14
calendar days of the date of the exchange. This report shall include:
a. The identification for the credits
exchanged;
b. The name of and
contact information for the buyer;
c. The name of the seller;
d. The amount of credits exchanged;
and
e. If applicable, the name of
the facility and the associated permit number that shall use the purchased
credits.
Statutory Authority: § 62.1-44.19:20 of the Code of
Virginia.
